The Comprehensive Permit Law 2 z What is Chapter 40B? The - PowerPoint PPT Presentation

1 OVERVIEW OF CHAPTER 40B The Comprehensive Permit Law

2 z What is Chapter 40B?  The Commonwealth’s regional planning law  In 1969, the legislature added the affordable housing part – Sections 20-23 – to address regional housing disparities  Law assumes communities have met their regional “fair share” if at least 10% of their housing stock is included in the Subsidized Housing Inventory (SHI), affordable to low- income people, and subsidized by a federal or state program

3 z What is “Affordable Counts towards the state’s 10% affordable housing goal for every Housing”? community (capital A) Affordable to households with income at or below 80% of the area median income (AMI) How are those income limits determined?

4 z Income limits Most federal housing programs use percentages of Area Median Income (AMI) for income limits. AMI accounts for differences in wealth and recognizes that housing prices have an impact on choices available to homeowners and renters. For the Vineyard: Dukes County

What does 80% AMI mean? FY2019 HUD Income Limits Dukes County $77,600 $54,350 $62,100 $69,850

To “count” on the SHI , affordable housing must be made available to all income-eligible people in a large area – at least the area used to set income limits. Housing must be offered for sale or rent under a state-approved Affirmative Fair Housing Marketing Fair Housing Plan. Some “local preference” may be allowed. Not within the Board’s jurisdiction!

7 Statutory Minima/ Regulatory Requirements  Less than 10% of year-round housing units  The 1.5% rule  The 0.3% (in one calendar year) rule

8 z SHI Actual & 2020 Adjusted 2010 Census Percent Adjusted SHI Town Subsidized % Year-Round Units 2010 Base January 2020** Aquinnah 158 25.95% 20.89% Chilmark 418 0.72% 0.00% Edgartown 1,962 4.54% 3.72% Gosnold 41 0.00% 0.00% Oak Bluffs 2,138 6.83% 5.85% Tisbury 1,965 5.55% 4.27% West Tisbury 1,253 1.84% 0.88% Dukes County 7,935 5.3% 4.11%

9 Safe Harbor Provisions  Housing Production Plan (HPP)  Recent Progress Toward Housing Unit Minimum  Review of Large Projects  Related Applications These are regulatory options not found in the statute.

10 z Critical 40B Application Submission Requirements  Applicant Status: Public Agency, Non- Profit, or Limited Dividend Organization  Evidence of Site Control  Project Eligibility Letter from Subsidizing Agency

11 z 40B Application Submission Requirements  Preliminary Plans versus Final Plans  Existing site conditions and locus map  Preliminary, scaled, architectural drawings  A tabulation of proposed buildings by type, size and ground coverage  A preliminary subdivision plan (if applicable)  A preliminary utilities plan  A list of requested waivers

12 Noticing and conducting the required public hearing 7/14/ 30 /15/15/30/180 /40/20 DAYS

13 z Distribute Application - 7 Days Chapter 40B Performance Notice of Public Hearing – 14 Days Requirement Open Public Hearing - Within 30 days Deadlines Safe Harbor Notification - 15 days Applicant appeal safe harbor - 15 days DHCD Answer - 30 days Close Hearing - 180 days Decision - 40 days Appeal - 20 days

14 z Scheduling a Site Visit  Conduct a site/neighborhood visit early in the review process  Understand…  Site and neighborhood existing conditions  The proposed site plan and building design  The location of abutters who will be most affected by the proposed development

15 z  Employment of outside consultants at the applicant’s expense  Civil Engineering, Traffic, Architecture (typical)  Financial – only if necessary Retaining Peer Review  Review of studies prepared on behalf of the Applicant, not preparation Consultants of independent studies desired by the Board  All written results and reports are made part of the record

16 z Getting Relevant Information  Focus on the “real” project issues/impacts early in the review process  If needed, request additional information from the Applicant as long as the information involves matters within the Board’s jurisdiction  Don’t hesitate to ask for graphics that help clarify height, massing, setbacks and overall relationship to neighbors

17 z • Board of Appeals has jurisdiction over all approvals under local regulations, such as: • Zoning • Subdivision Control • Local wetlands, septic system regulations Comprehensive • Historic district Permit: • Scenic roads Scope • Waivers necessary to allow construction of proposed development • For DRI, MVC has superseding authority

18 z Comprehensive Permit: Scope  Not within ZBA’s purview:  Impact on municipal & school services available to all residents of the community (but direct impact on nearby infrastructure may be within ZBA’s purview)  Fiscal impact studies  Tenant/homebuyer selection  Profit monitoring  Market study  Income limits, affordability

19 Negotiation and Work Sessions  Negotiating with developers is possible  Work sessions with developers can often be productive after initial more formal public hearings.  All discussions during the session are advisory in nature.  No decisions can be made  Comply with Open Meeting Law  Check with your Town Counsel

20 z Balance Health Regional Safety Housing Needs with Environmental Local Concerns Design *Planning that includes facilitating Open Space affordable housing development in specific areas and the Planning* plan has been implemented.

21 Holding Deliberation Sessions  Deliberate in a logical and orderly fashion  Discuss potential conditions  Review the requested waivers  Ideally, discuss before closing the public hearing so applicant and public know what to expect

22 z Drafting and Issuing the Comprehensive Permit decision  The ZBA has three decision alternatives  Denial  Approval as submitted  Approval with conditions

23 z Approval with Conditions  The conditions should not make the Project Uneconomic  Conditions and/or requirements must be consistent with Local Needs  The Board may not reduce the number of units for reasons other than evidence of Local Concerns within the Board’s purview

24 Appeal of Decision  Appeals by the Applicant are made with the Housing Appeals Committee (HAC)  Appeals for other aggrieved parties are made with Superior Court or the Land Court

25 Applicants must submit to the z subsidizing agency for Final Approval. Post- Comprehensive Permit Final engineering and architectural plans accompany application for a building permit. Changes requested to the Comprehensive Permit must be deemed substantial or insubstantial within 20 days of receiving applicant’s request

26 Regulatory Agreement, Deed Riders, and Monitoring z Agreement Post- Comprehensive Lottery and fair housing Permit, cont’d Income, asset and first time buyer status requirements for affordable units Lapse of the permit Transfer of the Comprehensive Permit Inspections during construction

27 Questions? z Judi Barrett Laura Shufelt Barrett Planning Group LLC Massachusetts Housing Partnership judi@barrrettplanningllc.com lshufelt@mhp.net